This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

7934 

Vol. 72, No. 35 

Thursday, February 22, 2007 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. APHIS–2006–0104] 

Classical Swine Fever Status of the 

Mexican State of Nayarit; Correction 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule; correction. 

SUMMARY: We are correcting an error in 

our proposed rule to amend the 

regulations for importing animals and 

animal products by adding the Mexican 

State of Nayarit to the list of regions 

considered free of classical swine fever 

(CSF). We would also add Nayarit to the 

list of CSF-free regions whose exports of 

live swine, pork, and pork products to 

the United States must meet certain 

certification requirements to ensure 

their freedom from CSF. The proposed 

rule was published in the Federal 

Register on January 31, 2007 (72 FR 

4463–4467, Docket No. APHIS 2006– 

0104). 

FOR FURTHER INFORMATION CONTACT: Dr. 

Chip Wells, Senior Staff Veterinarian, 

Regionalization Evaluation Services– 

Import, National Center for Import and 

Export, VS, APHIS, 4700 River Road 

Unit 38, Riverdale, MD 20737–1231; 

(301) 734–4356. 

SUPPLEMENTARY INFORMATION: On 

January 31, 2007, we published in the 

Federal Register (72 FR 4463–4467, 

Docket No. APHIS–2006–0104) a 

proposed rule to amend the regulations 

for importing animals and animal 

products by adding the Mexican State of 

Nayarit to the list of regions considered 

free of classical swine fever (CSF). We 

would also add Nayarit to the list of 

CSF-free regions whose exports of live 

swine, pork, and pork products to the 

United States must meet certain 

certification requirements to ensure 

their freedom from CSF. 

In the summary of the proposed rule, 

and in the supplementary information 

under the heading ‘‘Executive Order 

12866 and Regulatory Flexibility Act,’’ 

we stated that we would add Nayarit to 

the list of CSF-affected regions whose 

exports of live swine, pork, and pork 

products to the United States must meet 

certain certification requirements to 

ensure their freedom from CSF. This 

information was incorrect. We are 

proposing to recognize the State of 

Nayarit as free of this disease, so it 

should have read that we would add the 

State to the list of CSF-free regions to 

which those requirements apply. This 

document corrects these errors. 

Correction 

In FR Doc. E7–1530, published on 

January 31, 2007 (72 FR 4463–4467) 

make the following corrections: On page 

4463, under Summary, third sentence, 

and on page 4466, first column, first full 

sentence, correct ‘‘CSF-affected’’ to read 

‘‘CSF-free’’. 

Done in Washington, DC, this 15th day of 

February 2007. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–3012 Filed 2–21–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27269; Directorate 

Identifier 2006–NM–207–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain EMBRAER Model ERJ 170 

airplanes. This proposed AD would 

require installing updated software 

revisions and, as applicable, doing 

concurrent actions. This proposed AD 

results from a report of an error in the 

implementation procedure of the 

Primus Epic digital software platform, 

which could result in improper 

functioning of certain flight systems. 

Further, current revisions of the Primus 

Epic software may cause blinking of all 

cockpit flight displays. We are 

proposing this AD to prevent improper 

functioning of certain flight systems and 

blinking of cockpit flight displays, 

which could lead to increased pilot 

workload during critical phases of 

flight. 

DATES: We must receive comments on 

this proposed AD by March 26, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

Fax: (202) 493–2251. 

Hand Delivery: Room PL–401 on the 

plaza level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343—CEP 12.225, Sao Jose dos 

Campos—SP, Brazil, for service 

information identified in this proposed 

AD. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include the docket 

number ‘‘FAA–2007–27269; Directorate 

Identifier 2006–NM–207–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 


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Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Proposed Rules 7935 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that Web 

site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You may 

review the DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

dms.dot.gov. 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

Discussion 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the 

airworthiness authority for Brazil, 

notified us that an unsafe condition may 

exist on certain EMBRAER Model ERJ 

170 airplanes. The ANAC advises of a 

reported error in the implementation 

procedure of the Primus Epic digital 

software platform, which may lead to an 

ineffective power-up built-in test (PBIT) 

of certain fly-by-wire (FBW), autoflight, 

and avionics system functions, which 

could result in improper functioning of 

those systems. Further, current Primus 

Epic software revisions may cause 

blinking of all cockpit flight displays. 

This condition, if not corrected, could 

lead to increased pilot workload during 

critical phases of flight. 

Relevant Service Information 

EMBRAER has issued Service Bulletin 

170–31–0013, Revision 01, dated 

January 13, 2006. The service bulletin 

describes procedures for installing 

Primus Epic software part number (P/N) 

PS7027709–00113 (load version 17.3). 

For airplanes equipped with a lightning 

sensor system (LSS) and software load 

version 15.3 or 15.4, the installation 

includes doing certain wiring revisions 

of the LSS connector. For airplanes that 

have received all described software 

upgrades in accordance with EMBRAER 

Service Bulletin 170–31–0013, dated 

December 17, 2005, an additional action 

is described by Service Bulletin 170–

31–0013, Revision 01. The additional 

action includes installing a new, 

upgraded loadable diagnostic 

information (LDI) database. 

The ANAC mandated the service 

information and issued Brazilian 

airworthiness directive 2006–06–01, 

effective June 28, 2006, to ensure the 

continued airworthiness of these 

airplanes in Brazil. 

For certain airplanes, EMBRAER 

Service Bulletin 170–31–0013, Revision 

01, specifies prior or concurrent 

accomplishment of certain actions 

specified in EMBRAER Service Bulletin 

170–73–0001, dated September 13, 

2005, and Revision 01, dated September 

23, 2005. These actions include 

installing full-authority digital enginecontrol (FADEC) software version V5.20. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplane models are 

manufactured in Brazil and are type 

certificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. Pursuant to this bilateral 

airworthiness agreement, the ANAC has 

kept the FAA informed of the situation 

described above. We have examined the 

ANAC’s findings, evaluated all 

pertinent information, and determined 

that we need to issue an AD for 

airplanes of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are proposing this AD, 

which would require accomplishing the 

actions specified in the service 

information described previously. 

Clarification of Requirements 

The ANAC airworthiness directive 

2006–06–01 does not specifically state 

that prior or concurrent installation of 

FADEC software version V5.20 is 

required. However, to ensure proper 

correction of the unsafe condition, this 

proposed AD would require 

accomplishing this concurrent action. 

EMBRAER Service Bulletin 170–31–

0013, Revision 01, describes EMBRAER 

Service Bulletin 170–73–0001 as the 

appropriate source of service 

information for doing the concurrent 

action. This difference has been 

coordinated with the ANAC. 

Interim Action 

We consider this proposed AD 

interim action. The manufacturer is 

developing a modification that will 

further address the unsafe condition 

identified in this proposed AD. Once 

this modification is approved and 

available, we may consider additional 

rulemaking. 

Costs of Compliance 

This proposed AD would affect about 

68 airplanes of U.S. registry. Software 

upgrades would be provided by the 

manufacturer at no charge to operators, 

and parts for wiring changes would be 

provided from operator stores. The 

following table provides the estimated 

costs for U.S. operators to comply with 

this proposed AD at an average labor 

rate of $80 per work hour. 

ESTIMATED COSTS

Action Work hours Cost per airplane Fleet cost 

Install software ............................... Between 5 and 6 .......................... Between $400 and $480 .............. Between $27,200 and $32,640. 

Revise wiring ................................. 1 .................................................... $80 ................................................ Up to $5,440. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 


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7936 Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Proposed Rules 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. See the ADDRESSES section 

for a location to examine the regulatory 

evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2007–

27269; Directorate Identifier 2006–NM–

207–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by March 26, 2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

ERJ 170–100 LR, –100 STD, –100 SE, –100 

SU, –200 LR, –200 STD, and –200 SU 

airplanes, certificated in any category; as 

identified in EMBRAER Service Bulletin 

170–31–0013, Revision 01, dated January 13, 

2006. 

Unsafe Condition 

(d) This AD results from a report of an 

error in the implementation procedure of the 

Primus Epic digital software platform, which 

could result in improper functioning of 

certain flight systems. Further, current 

revisions of the Primus Epic software may 

possibly cause blinking of all cockpit flight 

displays. We are issuing this AD to prevent 

improper functioning of certain flight 

systems and blinking of cockpit flight 

displays, which could lead to increased pilot 

workload during critical phases of flight. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspection for Software Identification 

(f) Within 30 days after the effective date 

of this AD, inspect to determine the part 

number (P/N) of the Primus Epic software 

and the upgrade version number of the fullauthority digital engine-control (FADEC) 

software installed on the airplane. 

Software Installation and Concurrent 

Actions 

(g) Within the compliance time specified in 

paragraph (g)(1) or (g)(2) of this AD, as 

applicable, install Primus Epic P/N 

PS7027709–00113 (load version 17.3) and do 

applicable wiring revisions; in accordance 

with the Accomplishment Instructions of 

EMBRAER Service Bulletin 170–31–0013, 

Revision 01, dated January 13, 2006. 

(1) For airplanes equipped with software 

having P/N PS7027709–00108 (load version 

15.3), P/N PS7027709–00109 (load version 

15.4), or P/N PS7027709–00110 (load version 

15.5): Within 30 days after the effective date 

of this AD. 

(2) For airplanes equipped with software 

having P/N PS7027709–00106 (load version 

17.1) or P/N PS7027709–00112 (load version 

17.2.02): Within 120 days after the effective 

date of this AD. 

Concurrent Actions 

(h) For airplanes which do not have 

FADEC software upgrade version V5.20 

installed at the time of the inspection 

required by paragraph (f) of this AD: Prior to 

or concurrently with the installation required 

by paragraph (g) of this AD, install FADEC 

software upgrade version V5.20 as specified 

in EMBRAER Service Bulletin 170–73–0001, 

dated September 13, 2005; or Revision 01, 

dated September 23, 2005. 

Actions Accomplished According to 

Previous Issue of Service Bulletin 

(i) Actions accomplished before the 

effective date of this AD according to 

EMBRAER Service Bulletin 170–31–0013, 

dated December 17, 2005, are considered 

acceptable for compliance with paragraph (g) 

of this AD; except that, for airplanes 

identified in paragraph 1D., ‘‘Additional 

Action,’’ of EMBRAER Service Bulletin 170–

31–0013, Revision 01, dated January 13, 

2006, the additional action specified in 

Service Bulletin 170–31–0013, Revision 01, 

must be done as required by this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, International Branch, 

ANM–116, FAA, has the authority to approve 

AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(k) Brazilian airworthiness directive 2006–

06–01, effective June 28, 2006, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on February 

7, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–2980 Filed 2–21–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27268; Directorate 

Identifier 2006–NM–190–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Airbus Model A318, A319, A320, and 

A321 airplanes. This proposed AD 

would require revising the 

Airworthiness Limitations section of the 

Instructions for Continued 

Airworthiness to incorporate new 

limitations for fuel tank systems. This 

proposed AD results from fuel system 

reviews conducted by the manufacturer. 

We are proposing this AD to prevent the 

potential of ignition sources inside fuel 

tanks, which, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 


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